An unjust trial by media

Some Guantanamo Bay prisoners have been cleared for release. But US defence officials still insist -

The Bush administration's "secret prison" strategy has been unravelling fast, not least at the flagship prison, Guantanamo Bay. The British government's recent announcement that it will accept five UK residents back home, thus hastening the prison's closure, was welcome news.

Guantanamo has become a nightmare for President Bush, as well as the prisoners held there. More than 360 remain on the island, 80 of whom were cleared for release many months ago. Why are the "cleared" prisoners still there? In part, because many face persecution if returned to their native countries. As the state department struggles to find places where the prisoners could be sent, its work is complicated by a continuing insistence by the Department of Defense (DoD) that the Guantanamo prisoners are the "worst of the worst" terrorists in the world. Why would any government want to import them?

For five years, most countries were happy to scold the US for disrespecting the rule of law, but less keen to support a solution. So the British volte-face was commendable.

Soon after the announcement, though, the Foreign Office was embarrassed by the Americans, the very folk they were trying to help. Bush's half-hearted insistence that Guantanamo should close masks deep divisions in his team. Sandra Hodgkinson, deputy assistant secretary of defense for detainee affairs, held a press conference at which she welcomed the British offer of assistance and even asked Britain to take more prisoners off American hands. However, still intent on denying that any mistake had been made in Guantanamo, she suggested that all five British residents were exceptionally dangerous terrorists.

If the Bush administration seems incapable of toeing a consistent line, the media is even worse. For many months, the British press has complained that the prisoners should have fair trials rather than the fiercely criticised "Combatant Status Review Tribunals" - kangaroo courts that make sweeping allegations and deny prisoners a meaningful opportunity to respond.

But now swathes of the British press unquestioningly printed Hodgkinson's allegations without allowing the prisoners the barest opportunity to reply.

What would a fair tribunal make of the DoD allegations? Consider Jamil el-Banna, whose wife and five small British children are awaiting his return to London. Hodgkinson said, and the media printed, that he had "a long-term association" with Abu Musab al-Zarqawi, the Jordanian terrorist infamous for decapitating prisoners in Iraq, who was "behind the murder of Ken Bigley, the British engineer".

Jamil knew Zarqawi as a youth from the same area in Jordan. But his only attempt to contact him in recent decades was a letter he wrote from Guantanamo, through his lawyers, telling Zarqawi his barbaric actions were contrary to Islam, and that Bigley should be freed. Minimal investigation might also have prompted the press to point out that Jamil has been cleared by Hodgkinson's military colleagues, who found him to be no threat to anyone.

Or take the case of Omar Deghayes, the Libyan refugee who lived in Brighton for 20 years. Hodgkinson said Omar is a "jihadi veteran" of the Bosnian war. The US military previously claimed he was a Chechen jihadist shown on videotape brandishing an AK-47. The man on film actually turned out to be Abu Walid, a Chechen rebel who died in 2004.

Not satisfied with convicting the prisoners in absentia, the media chastised the British government for the U-turn in its policy towards the UK residents. Yet surely someone who is driving in the wrong direction would do well to turn around. The media, on the other hand, made a U-turn away from fairness. If there are allegations against them, the Guantanamo prisoners will be glad to answer them in a proper court. Trial by media is little better, really, than the tribunals that have received such justified criticism.

Clive Stafford Smith is legal director of Reprieve, a UK charity that provides front-line investigation and legal representation to prisoners denied justice by powerful governments across the world. His book "Bad Men: Guantanamo Bay and the Secret Prisons", is published by Weidenfeld & Nicolson. He writes this column monthly. Contact Reprieve at or at PO Box 52742, London EC4P 4WS (tel: 020 7353 4640)

Clive Stafford Smith is legal director of the charity Reprieve and has spent more than 20 years representing prisoners on Death Row in the United States. More recently he has represented many of the prisoners in Guantanamo Bay.

This article first appeared in the 27 August 2007 issue of the New Statesman, Bush: Is the president imploding?

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What's to be done about racial inequality?

David Cameron's words on equal opportunities are to be welcomed - now for some action, says Sunder Katwala.

David Cameron made the strongest, clearest and most high profile statement about ethnic inequalities and the need to tackle discrimination ever yet offered by a British Prime Minister in his leader’s speech to the Conservative Party conference in Manchester.
“Picture this. You’ve graduated with a good degree. You send out your CV far and wide. But you get rejection after rejection. What’s wrong? It’s not the qualifications or the previous experience. It’s just two words at the top: first name, surname. Do you know that in our country today: even if they have exactly the same qualifications, people with white-sounding names are nearly twice as likely to get call backs for jobs than people with ethnic-sounding names? … That, in 21st century Britain, is disgraceful. We can talk all we want about opportunity, but it’s meaningless unless people are really judged equally”, said Cameron.
While the proof of the pudding will be in the eating, this was a powerfully argued Prime Ministerial intervention – and a particularly well-timed one, for three reasons.

Firstly, the Prime Minister was able to root his case in an all-but-universally accepted appeal for equal opportunities. It will always prove more difficult in practice to put political energy and resources behind efforts to remedy discrimination against a minority of the population unless a convincing fairness case is made that values cherished across our whole society are at stake. Cameron’s argument, that any party which tells itself that it is the party of the ‘fair chance’ and ‘the equal shot’ must have a response when there is such clear evidence of discrimination, should prove persuasive to a Conservative Party that has not seen race inequalities as its natural territory. Cameron argued that the same principles should animate responses to discrimination when it comes to race, gender and social class. Put like that, wanting job interviews to be fair – by eradicating conscious and unconscious patterns of bias wherever possible – would strike most Britons as offering as clear a case of the values of fair play as wanting the best baker to win the Great British Bake-Off on television.
Secondly, Cameron’s intervention comes at a potential "tipping point" moment for fair opportunities across ethnic groups. Traditionally, ethnic discrimination has been discussed primarily through the lens of its impact on the most marginalised. Certainly, persistent gaps in the criminal justice system, mental health provision and unemployment rates remain stark for some minority groups. What has been less noticed is the emergence of a much more complex pattern of opportunity and disadvantage – not least as a consequence of significant ethnic minority progress.

Most strikingly of all, in educational outcomes, historic attainment gaps between ethnic minorities and their white British peers have disappeared over the last decade. In the aggregate, ethnic minorities get better GCSE results on average. Ethnic minority Britons are more likely, not less likely, to be university graduates than their fellow citizens. 

As a result of that progress, Cameron’s intervention comes at a moment of significant potential – but significant risk too. Britain’s ethnic minorities are the youngest and fastest-growing sections of British society. If that educational progress translates into economic success, it will make a significant contribution to the "Great British Take-Off" that the Prime Minister envisions. But if that does not happen, with educational convergence combined with current ‘ethnic penalties’ in employment and income persisting, then that potential could well curdle into frustration that the British promise of equal opportunities is not being kept.  Cameron also mirrored his own language in committing himself to both a ‘fight against extremism’ and a ‘fight against discrimination’: while those are distinct challenges and causes, actively pursuing both tracks simultaneously has the potential, at least, depolarise some debates about responses to extremism  - and so to help deepen the broad social coalitions we need for a more cohesive society too.

Thirdly, Cameron’s challenge could mark an important deepening in the political competition between the major parties on race issues. Many have been struck by the increase in political attention on the centre-right to race issues over the last five to ten years. The focus has been on the politics of representation. By increasing the number of non-white Conservative MPs from two to seventeen since 2005, Cameron has sent a powerful signal that Labour’s traditional claim to be ‘the party of ethnic minorities’ would now be contested. Cameron was again able to celebrate in Manchester several ways in which his Cabinet and Parliamentary benches demonstrate many successful journeys of migrant and minority integration in British society. That might perhaps help to ease the fears, about integration being impossible in an era of higher immigration, which the Home Secretary had articulated the previous day.

So symbolism can matter. But facial diversity is not enough. The politics of ethnic minority opportunity needs to be about more than visits to gurdwaras, diversity nights at the party conference fringes and unveiling statues of Mahatma Gandhi in Parliament Square. Jeremy Corbyn’s first speech as Labour leader did include one brief celebratory reference to Britain’s ethnic diversity – “as I travelled the country during the leadership campaign it was wonderful to see the diversity of all the people in our country” – and to Labour bringing in more black, Asian and ethnic minority members - but it did not include any substantial content on discrimination. Tim Farron acknowledged during his leadership campaign that the Liberal Democrats have struggled to get to the starting-line on race and diversity at all. The opposition parties too will no doubt now be challenged to match not just the Prime Minister’s rhetorical commitment to challenging inequalities but also to propose how it could be done in practice.

Non-white Britons expect substance, not just symbolism from all of the parties on race inequalites.  Survation’s large survey of ethnic minority voters for British Future showed the Conservatives winning more ethnic minority support than ever before – but just 29 per cent of non-white respondents were confident that the Conservatives are committed to treating people of every ethnic background equally, while 54 per cent said this of Labour. Respondents were twice as likely to say that the Conservatives needto do more to reach out – and the Prime Minister would seem to be committed to showing that he has got that message.  Moreover, there is evidence that ethnic inclusion could be important in broadening a party’s appeal to other younger, urban and more liberal white voters too – which is why it made sense for this issue to form part of a broader attempt by David Cameron to colonise the broad centre of British politics in his Manchester speech.

But the case for caution is that there has been limited policy attention to ethnic inequalities under the last two governments. Restaurateur Iqbal Wahhab decided to give up his role chairing an ethnic minority taskforce for successive governments, unconvinced there was a political commitment to do much more than convene a talking shop. Lib Dem equalities minister Lynne Featherstone did push the CV discrimination issue – but many Conservatives were sceptical. Cameron’s new commitment may face similar challenges from those whose instinct is to worry that more attention to discrimination or bias in the jobs market will mean more red tape for business.

Labour had a separate race inequalities manifesto in 2015, outside of its main election manifesto, while the Conservative manifesto did not contain significant commitments to racial inequality. The mid-campaign launch in Croydon of a series of race equality pledges showed an increasing awareness of the growing importance of ethnic minority votes - though the fact that they all involved aiming for increases of 20 per cent by 2020 gave them a slightly back-of-the-envelope feel. 

Prime Ministerial commitments have an important agenda-setting function. A generation ago the Stephen Lawrence case opened the eyes of middle England to racist violence and police failures, particularly through the Daily Mail’s persistent challenging of those injustices. A Conservative Prime Minister’s words could similarly make a big difference in the mainstreaming of the issue of inequalities of opportunity. What action should follow words? Between now and next year’s party conference season, that must will now be the test for this Conservative government – and for their political opponents too. 

Sunder Katwala is director of British Future and former general secretary of the Fabian Society.